Kenneth R. Hattenburg v. Spencer Blanks

During the period from February 7 to 14, 1975, claimant-appellant Kenneth Hattenburg allegedly sustained an injury compensable under Idaho's Workmen's Compensation Law. On February 3, 1976, he filed with the Industrial Commission a form entitled Application for Hearing which requested a hearing and an award for his injury. At the hearing, held on August 23, 1976, respondents moved to dismiss this action on the ground that appellant had failed to file a claim for compensation within one year of the accident as required by I.C. § 72-701. This appeal is from the order granting that motion. Appellant contends that by filing his Application for Hearing within one year of the accident, he substantially complied with the requirement in I.C. § 72-701 that he file a claim for compensation within one year. We agree and therefore reverse the order dismissing appellant's claim.